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(영문) 서울서부지방법원 2014.11.06 2014고단2178
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Cub Corresponding vehicle.

On July 2, 2014, the Defendant driven the above vehicle on July 2, 2015, and proceeded at a speed of about 76 km at a speed of about 76 km in Si/Gun, depending on two lanes from the scark-ro, Seodaemun-gu, Seoul.

At the time, a person engaged in driving duties of a motor vehicle at a night has a duty of care to observe the speed limit, to live well on the front side and the right and the right, and to accurately manipulate the steering direction and the brake system, to prevent accidents.

Nevertheless, the Defendant neglected to perform the above duty of care in excess of 60km speed, and went on by negligence, from the right side of the proceeding direction, brought the victim D (year 72) crossing the crosswalk to the left side of the red pedestrian signal into the front part of the Defendant’s vehicle. On the same day, the Defendant caused the death of the victim around 04:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of a traffic accident, and a black image of 51 vehicles;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. The major result of the death of a victim for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution occurs, the victim is also at fault of the crossinging the signal of the crosswalk red signal without permission, the subscription to siren car deduction, the first offender, and other various factors of sentencing as shown in the argument of this case

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